1975-10-10 (2) i
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PLAN BK 6 1 87 PG 19 1
SEE PL. B.IY S
PL. S�
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DEED
BARBARA KEELEY, as she is Trustee of Highland Realty Trust, under
written Declaration of Trust dated December 21, 1964, filed with Essex a
South Registry District of the Land Court as Document No. 116295 for $1.60
consideration paid grants to the City of Salem, a municipal corporation
having an address at Washington Street, Salem, Massachusetts, in said
Salem, Essex County, with Quitclaim covenants two certain parcels of land'
situate in said Salem and shown as containing 2.34 acres, more or less
and 7.8 acres, more or less, respectively, on plan entitled "Plan of
Land in Salem, Property of Highland Realty Trust, Scale 1"=1001, dated
July 30th, 1975, drawn by Essex Survey Service, Inc., 47 Federal Street,
Salem, Massachusetts" and bounded and described as follows: L
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PARCEL A
NORTHEASTERLY by 'other land of grantee, four hundred eighteen and I�7
29/100 (418.29) feet;
SOUTHEASTERLY by other land of the grantee twenty-four and 50/100
(24.50) feet; ninety-five and 40/100 (95.40) feet;
sixteen and 82/100 (16.82)feet; and two hundred forty-
four and 74/100 (244.74) feet; one hundred nine and
12/100 (109.12) feet and forty and 00/100 (40.00) feet;
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SOUTHWESTERLY by land of the grantor four hundred twenty (420.00) feet; k
SOUTHEASTERLY by last mentioned land one hundred sixty-four and 63/100
(164.63) feet and one hundred fifty (150.00) feet; 28.98ft.
SOUTHWESTERLY by last mentioned land thirty (30.00) feet;
'SOUTHEASTERLY by last mentioned land eighty-nine and 86/100 (89.86) feet;
SOUTHWESTERLY by other land of the grantor, one hundred seventy (170.00)
feet;
NORTHWESTERLY by the southeasterly line of First Street, fifteen and
19/100 (15.19) feet, one hundred twenty six and 98/100 a ..
(126.98) feet; and three hundred ninety-seven and 83/100
(397.83) feet;
+. . NORTHEASTERLY other land of the
�< by grantor two hundred (200.00) feet; .
and d
NORTHWESTERLY by the last mentioned land, one hundred fifty-five and
90/100 (155.90) feet; two hundred ninety-nine and 89/100
(299.89) feet; and twenty-one and 30/100 (21.30). feet,
as shown on said plan. q•t
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BK6 87 PG 1 92
PARCEL B
NORTHERLY by other land of the grantor, two hundred twenty-
one and 73/100 (221.73) feet;
NORTHEASTERLY by land of the New England Power Company, four
.41 hundred ninety-two and 72/100 (492.72) feet;
SOUTHEASTERLY by other land of the grantee, one hundred eighty-
four (184.00) feet; and
SOUTHWESTERLY by other land of the grantee, six hundred forty-
one and 08/100 (641.08) feet,
as shown on said Plan.
The foregoing premises are conveyed to the grantee for con-
servation purposes and said conveyance is subject to the following
reservations made on behalf of the grantor, her heirs, successors
and assigns, for the benefit of the remaining land of said grantor
located off Highland Avenue in the said City of Salem.
1. No structure, permanent or temporary, of any kind whatsoever
will ever be constructed or maintained upon the granted
premises except such buildings as may be in accordance with
guidelines established by the Salem Conservation Commission
for the use of said parcels for conservation purposes.
2. Neither the granted premises nor any
portion of the grantor's
remaining land within 100 feet of the granted premises shall
ry be used for dumping or maintenance of any refuse, trash or
other unsightly or offensive material except with regard to
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grantor's remaining land that, in connection with any lawful i
use thereof, receptacles and containers for the temporary F
storage of refuse and trash may be maintained
,d, provided that the
same are regularly emptied, maintained and restricted from view
by shrubbery, etc.
3. No change shall be made in the topographyof the
granted
t premises, nor shall any earth, rock, loam, sand, or other
materials h,:� removed from the granted premises, nor shall the
surface of the granted premises be disturbed except pursuant
to guidelines of• the Salem Conservation Commission for land
managed by said Commission.
4. The granted premises are to be maintained by the grantee in
their natural scenic and open state for the preservation of
their value for water resources, scenic and natural beauty
within the City of Salem.
The grantor does hereby reserve for itself, its successors and
assigns, the following rights and easements:
A. The right to drain surface water upon and across the granted
premises to accommodate grantor's remaining land, provided
that the water drained from the grantor's remaining land shall
• be of such quality that the water upon or flowing across the
granted premises shall by its quality and potential uses be
classified as Class C as defined in the present Rules and
Regulations, for the Establishment of Minimum Water Quality
Standards and for the Protection of the Quality and Value of
Water Resources, Commonwealth of Massachusetts Water Resources
r Commission, Division of Water Pollution Control, as now or
hereafter in effect. There shall be no obligation on the part
of grantor, its successors and assigns, to create any channels
or culverts upon the granted premises. Except for water quality
considerations, the grantor is hereby expressly released
from any and all liability for damages to the granted premises
due to said surface water drainage whether or not the volume
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BK6187 PG193
or speed of such drainage shall.be increased by anything done
by grantor, its successors and assigns, on the balance of the
grantor's land or any land now or hereafter owned by grantor
bounded generally by land of New England Power Company as shown
on the aforesaid Plan# land of the City of Salem, Swampscott
Road and Highland Avenue.
Included within said drainage casement shall be land conveyed
or to be conveyed by the grantor to Salex Realty Trust con-
sisting of approximately 13 acres lying Southeasterly of
Y Highland Avenue, being a portion of the premises shown on a
plan entitled "Plan of Land in Salem prepared for Highland
Realty Trust, dated July 25, 1972, recorded with Essex South
District Registry of Deeds in Plan Book 124, Plan 28."
B. It is agreed that in the event the grantor, her heirs, successors
or assigns, wish to install, lay and maintain, repair, replace, 1
install and relocate underground conduits, pipes, wires and
culverts for the transmission of water, gas, electricity and
electronically or otherwise upon, in or under the
el ect P
intel
ligence,once Y
g
to and from any portion of said benefitted
granted premises, t
land, they shall obtain prior approval therefor from the Salem i
Conservation Commission and that in the event such approval
is forthcoming the grantor agrees to reasonably restore any
land disturbed by it to the same condition it was in prior to
such installation or repair.
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C. It is to be clearly understood that no right or easement is
granted by this deed for vehicular access to either of said
parcels. All of such access is to be by, through, and over
other land of the City of Salem as shown on said Plan unless and
until First Street shall become a public street, provided that
the members of said Conservation Commission, their agents, ser-
vants and guests may park their vehicles on First Street.
Provi6eu, however, that such rights to park shall be subject to !
the rights of other persons lawfully entitled to use First Street
and to repair the same and in connection with construction
activities therein. 1
Barbara Keeley, as Trustee, does hereby certify that she has !
received written direction from all of the beneficiaries of the
"} Highland Realty Trust to execute and deliver the within deed.
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EXECUTED under seal this 18•th day of August;* 1975.
Barbara Keeley, Tr stee of I
} Highland Realty Trust, and
not individually
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK,SS. August 18, 1975
, a Then personally appeared the above-named Barbara Keeley, as
- Trustee of Highland Realty Trust, and acknowledged the foregoing
' instrument to be her free act and deed, before me,
Gerard D. Goldstein, Notar Public
My commission expires: March 8,1979
None being required by law, no documentary stamps are affixed hereto.
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ESSER SS. RECORDED0-V /0 197+SLQ M. PAST__-,f__(,e M. INST. */,1_,7
LONDI
OLitu of alem, '4fla'sSadju5etts
(Offire of t1le CtU TIrrk
�ca3uxF os'
April 27, 1976
Mr. Walter S. Groszyk, Chairman
Board of Assessors
City of Salem
Salem, Massachusetts
Dear Sir:
At a regular meeting of the City Council held in the Council
Chamber on Thursday, April 22, 1976 the Council unanimously
voted to transfer to the Conservation Commission the ten (10)
acres of land (off Highland Avenue) given to the City of Salem,
by the Highland Realty Trust.
The above action was approved by Mayor Jean A. Levesque on
April 26, 1976.
Very truly yours,
HELEN M. COUGHLI
Acting City Clerk
HMC/j rf
Enc.
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17 Februa�i 076—- c I`7 3
The Honorable Jean A. Levesque A
Mayor, City of Salem Li
City Hall MAYLJ
Salem, Massachusetts 01970
Dear Mayor Levesque:
Last year the City received about 10 acres of land from Highland Realty
Trust through negotiations between the Trust and the Conservation Commission.
The land is close to First Street, off Highland Avenue, and since it is'
essentially wetland it was conveyed to the City for. conservation purposes.
I write to request you to ask the City Council to transfer this land to the
management of the Commission so that is will be used for the intended purpose.
A copy of the deed and the plot plan are enclosed.
In your request to the Council please ask that "the Council vote to dedicate
the land for conservation by transferring it to the care, custody, management
and control of the Conservation Commission". If this request is granted the
land will be the first conservation land in the City.
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I thank you for your continuing support of the Commission in its contribution
to protecting; the natural resources of the City.
Yours sincerely,
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Brian E. French I
BEF/pt Chairman
cc: William J. Tinti, Esq.
In City Council February 26, 1976
Referred to Committee on Natural Resources
In City Council April 22, 1976
Land transferral to Conser ation Commission - Adop� ed b unanimous roll tail vote
Approved by the Mayor on $7 ' f L
ATTEST: Acting City Clerk
IN CITY COUNCIL,
Cit c_f Salem �.. .. !.� 2......`......19 gyp.
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THE COMMITTEE ON
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to whom was referred
ti-� e �. � �del 9� �� T.•.-�` � !'�t1 �� �'
has considered said matter and would recommend:
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a.
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FOR THE COMMITTEE,
Chairman.
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